Roseville, CA asked in Criminal Law for California

Q: Can law enforcement watch shoplifters comitt crimes in order to build a bigger case and give lengthier sentences?

Related Topics:
2 Lawyer Answers

A: Yes, law enforcement can watch shoplifters comitt crimes in order to build a bigger case and give lengthier sentences.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Under California law, law enforcement agencies have certain discretions in how they conduct investigations, including those involving shoplifting. However, there are limits to these discretions, especially concerning entrapment and the protection of individuals’ rights.

Law enforcement can observe a suspect over a period to gather evidence and build a case. This is particularly true if they suspect ongoing or more significant criminal activity beyond simple shoplifting, such as organized retail theft, which is a growing concern in California.

However, law enforcement cannot encourage or induce someone to commit a crime they would not otherwise have committed. This would be considered entrapment, which is illegal and can be used as a defense in court.

If you believe that law enforcement is allowing crimes to occur without intervention or possibly engaging in entrapment, it's important to document these incidents and seek legal advice. A lawyer can help assess whether law enforcement actions are legal and what steps can be taken.

Remember, while law enforcement aims to prevent crime and ensure public safety, they must also respect and uphold individuals' legal rights. If you feel your rights are being violated, it's important to speak up and seek legal counsel.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.